Website terms of use

PLEASE READ THESE WEBSITE TERMS OF USE CAREFULLY BEFORE USING THE WEBSITE

These terms of use (the “Terms”) are the terms on which this website (the “Website”) is made available to you (“you”/”your”). By accessing this Website you agree to be bound by these Terms. If you do not agree to these Terms, please do not use the Website

 

  1. Information about us
  2. Questions or Complaints
  3. Our copyright and other Intellectual Property Rights
  4. Other Websites and Brands
  5. Purchases
  6. Links from our Sites
  7. Your use of the Website
  8. User uploaded content
  9. Your legal obligations
  10. Reliance on information posted
  11. We may suspend or withdraw our website
  12. Our liability
  13. How we may use your personal information
  14. Changes to these Website Terms of Use
  15. Other terms that may apply to you
  16. General
  17. Governing law and jurisdiction
  18. Promotions

1.INFORMATION ABOUT US

    1.1. We are Alimento (“we”/ “us”/ “our”), a business unit of Nomad Foods Europe Limited, a company registered in England under registration number 05879466, and having its registered office at No. 1 New Square, Bedfont Lakes Business Park, Feltham, Middlesex, TW14 8HA, UK.

     

    2. QUESTIONS OR COMPLAINTS

    2.2. If you have any questions, complaints or comments on this Website then you may contact us at

     

    3. OUR COPYRIGHT AND OTHER INTELLECTUAL PROPERTY RIGHTS

      3.1. Your use of the Website and its contents grants no rights to you in relation to any of the intellectual property rights or associated rights, including copyrights, trade marks, patents, design rights, trade names, database rights, and neighbouring rights, as well as rights to know-how (“Intellectual Property Rights”), related to the Website. All text, user interfaces, visual interfaces, graphics, illustrations, photographs, trade marks, logos, computer code and other related material (together, “Content”), including but not limited to the design, arrangement, structure, selection, coordination, expression and “look and feel” of the Content, contained on the Website are owned or controlled by us or licensed to us by our third party licensors. All such rights are reserved.

      3.2. Nothing in the Terms constitutes the transfer of any Intellectual Property Rights from us to you or any third party.

      3.3. You may not copy, reproduce, republish, download, post, broadcast, record, transmit, commercially exploit, edit, communicate to the public or distribute in any way the Content, services, web pages or materials on the Website or the computer codes of elements comprising the Website other than for your own personal use. You also may not use any automatic or manual device, program, algorithm or methodology, or any similar process on any portion of the Website or Content. Subject to the above, you may download insubstantial excerpts of this Content to your hard disk for the purpose of viewing it provided that no more than one copy of any information is made.

      3.4. Any use other than that permitted under this clause 3 may only be undertaken with our prior written authorisation.

      3.5. We do not purport to use any name, logo or mark in any territory in which we are not so entitled, and will not supply or offer to supply products and/or services bearing any such name, logo or mark into any such territory.

       

      4.OTHER WEBSITES AND BRANDS

        The Birds Eye brand, the Ensure brand and the Brand Websites are owned and controlled by their respective owners.

        4.1 This Website and the Brand Websites which are designed to provide information about our products are not intended to provide medical or healthcare advice or instructions as to medical or healthcare use but only provide general information which should not be relied upon by any individual or for any specific purpose. Always consult your doctor or pharmacist for advice on treatment of individual circumstances and needs.

         

         5. PURCHASES

        5.1. All details, descriptions and prices of, and other information relating to, products and/or services appearing on the Website or any Brand Website are of a general nature only. We do not guarantee that any product and/or service appearing on the Website or any Brand Website is or will be available at the location and time you wish to purchase any particular product and/or service.

        5.2. Our obligations, if any, with regard to products and services are governed solely by the agreements pursuant to which they are provided, and nothing on this Website should be construed to alter such agreements. Our General Terms and Conditions of Sale govern any distance selling contract entered into through the Website.

         

        6. LINKS FROM OUR SITE

        6.1. We may provide links to other websites from time to time (via advertising or otherwise). These links are provided for your ease of reference and convenience only. We do not control such third party websites and are not responsible for their contents. Our inclusion of links does not imply any endorsement of the material contained in such websites or any association with their operators. You acknowledge that we will not be party to any transaction or contract with a third party that you may enter into and we shall not be liable to you in respect of any loss or damage which you may suffer by using those websites. You agree that you will not involve us in any dispute between you and the third party.

         

        7. YOUR USE OF THE WEBSITE

        7.1. You agree that in using the Website you will not:

        7.1.1. use the Website in any way that may lead to the encouragement, procurement or carrying out of any activity which is criminal, fraudulent, unlawful or prohibited by these Terms;

        7.1.2. use the Website for any purpose other than your personal use;

        7.1.3. advertise or promote third party or your own products or services including by way of the distribution of ‘spam’ email;

        7.1.4. transfer files that contain viruses, trojans or engage in any other activity harmful to the Website;

        7.1.5. link to the Website from a third party site without our prior written authorisation;

        7.1.6. access or attempt to gain unauthorised access to any user accounts linked or associated with the Website or to penetrate or attempt to penetrate the Website security measures; or

        7.1.7. interfere with any other person’s access to, use or enjoyment of, the Website.

        7.2. Each and every access and use of the Website is made at your own risk and responsibility. You should use your own virus protection software.

        7.3. You are also responsible for ensuring that all persons who access the Website through your internet connection are aware of these Terms and any other applicable terms and conditions listed in these Terms, and that they comply with them.

        7.4. We reserve the right to suspend, restrict or terminate your access to this Website (or any part of it) at any time without notice at our discretion if we believe you have breached any of the restrictions in these Terms.

         

        8. USER UPLOADED CONTENT

          8.1. CONTENT UPLOADED BY YOU:

          8.1.1 By submitting information, text, photos, graphics or other content to us via the Website, you grant us a perpetual, irrevocable right free of charge to use such materials at our own discretion including, without limitation, to edit, copy, reproduce, disclose, post and remove such materials from the Website.

          8.1.2. You warrant in respect of any such contribution:

          1. that it complies with any applicable law and these Terms;
          2. that is true, accurate and up to date in all respects and at all times (note that you can request that we update or correct your personal details at any time by contacting us (please see the contact details stated above under 2. Questions or Complaints);
          3. that it is your own original contribution or that all necessary licences and/or approvals have been obtained and you have the right to make such contribution; and
          4. that it is not confidential;

          and you will be liable to us and compensate us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of that warranty.

          8.1.3. We have the right to remove any posting you make on our Website in our sole discretion.

          8.1.4. You are solely responsible for securing and backing up your content.

          8.2. Content uploaded by other users:

          8.2.1. This Website may include information and materials uploaded by other users of the Website, including to bulletin boards and chat rooms (if any). This information and these materials have not been verified or approved by us. The views expressed by other users on our Website do not represent our views or values.

           

          9. YOUR LEGAL OBLIGATIONS

            9.1. You confirm that:

            9.1.1. you are 18 years of age or older; and

            9.1.2. you will comply with the restrictions on your use of the Website as set out in these Terms.

            9.2. You agree to compensate us from any claim or damages (including any legal fees in relation to such claim or damages) made by a third party in respect of any matter in relation to or arising from your use of the Website including any breach or suspected breach of these Terms or your violation of any law or the rights of a third party.

             

            10.RELIANCE ON INFORMATION POSTED

            10.1. The Content on our Website is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the Content on our Website. In particular, the information and content provided on our Website does not constitute medical advice. You should consult your healthcare professional for advice before you make any decisions relating to your treatment or care.

            10.2. Whilst we aim to ensure that the Website and its Content, are correct at the time when such Content is uploaded to the Website, it is subject to change and, to the extent permitted by applicable laws and regulations, we make no representations, warranties or guarantees (whether express or implied), that the information on the Website or its Content is accurate, complete or up to date.

            10.3. All Content and services on the Website are provided on an ‘as is’ and ‘as available’ basis and, to the extent permitted by applicable laws and regulations, made without any representations, warranties or guarantees of any kind.

            10.4. We are under no obligation to update any information contained on the Website.

             

            11. WE MAY SUSPEND OR WITHDRAW OUR WEBSITE

            11.1. Whilst we aim to ensure that the Website, its Content, any features offered through the Website and any information contained on it, are error-free, uninterrupted and free from bugs and viruses, due to the nature of the internet, we cannot guarantee this.

            11.2. We do not guarantee nor warrant that the Website, or any Content on it, will always be available or be uninterrupted and in a fully operating condition. We may suspend or withdraw or restrict the availability of all or any part of our Website for business and operational reasons.

            11.3. Access to the Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons reasonably beyond our control.

            11.4. The Website is directed to people residing in the United Kingdom. Access to or use of the Website (including its Content, any features or benefits offered through it or any information contained on it) may be prohibited by law in certain countries or jurisdictions. You are responsible for compliance with all applicable laws and regulations of the country from which you are accessing or using the Website. We make no guarantee that the Website (including its Content, any features or benefits offered through it or any information contained on it) is appropriate or available for use in locations outside the United Kingdom.

             

            12. OUR LIABILITY

              12.1. Please note that we only provide our Website for domestic and private use and information purposes only. You agree not to use our Website for any commercial or business purposes, and we have no liability to you for any loss of income, profit, loss of business, business interruption, or loss of business opportunity.

              12.2.  We, any Nomad Foods group company or any other party (whether or not involved in creating, producing, maintaining or delivering the Website), and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, and whether in tort (including, without limitation, negligence), contract or otherwise) in connection with the Website or its Content in any way or in connection with the use, inability to use or the results of use of or reliance on the Website or its Content (including any treatment or care decisions that you make), any websites linked to the Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing the Website or your downloading of any material from the Website or any websites linked to the Website.

              12.3. We shall have no liability to you for any breach of these Terms caused by any event or circumstance beyond our reasonable control including, but not limited to, strikes, lock-outs or other industrial disputes; breakdown of systems or network access; or flood, fire, explosion or accident.

              12.4. Notwithstanding anything to the contrary, we do not exclude or limit in any way our liability to you where it would be unlawful to do so (for example liability for death or personal injury caused by our negligence or for fraud or fraudulent misrepresentation). Nothing in these Terms shall restrict your statutory rights.

               

              13. HOW WE MAY USE YOUR PERSONAL INFORMATION

                13.1. We are committed to protecting your privacy and only use personal data that we collect from you, or that you provide to us, in accordance with applicable data protection laws and regulations.

                13.2. Please read our Privacy Notice and our Cookie Policy for more information on how we use personal data and related matters.

                 

                14. CHANGES TO THESE WEBSITE TERMS OF USE

                  14.1. We are constantly looking for ways to improve this Website. We therefore reserve the right to amend these Terms at any time. All such changes will take effect once they have been posted on the Website. Please ensure that you revisit and review these Terms regularly as you will be deemed to have accepted, and will be bound by, such changes if you continue to use the Website after the posting of any changes to these Terms.

                   

                  15. OTHER TERMS THAT MAY APPLY TO YOU

                    15.1. These Terms refer to the following additional terms, which also apply to your use of our Website:

                    15.1.1  Our Privacy Policy, which explains how your personal information is used by us and what your rights are.

                    15.1.2 , Our Cookie Policy, which sets out information about the cookies on our Website.

                    15.1.3. Additional terms and conditions will apply to purchases of goods or services and to specific portions or features of the Website or Brand Websites, including contests, promotions or other similar features, all of which terms are made a part of these Terms by reference. We will direct you to the additional terms and conditions at the time that you interact with us and/or our brands in relation to the relevant services. Please read the applicable terms and conditions carefully. If there is a conflict between these Terms and the terms that apply to a service offered through the Website or other Brand Websites, the terms that apply to that service shall take precedence to the extent of such conflict.

                    15.2 Each of these policies, terms and conditions may be changed from time to time and are effective immediately upon posting such changes on the Website or otherwise in accordance with their terms (as applicable).

                     

                    16. GENERAL

                      16.1. Other than the additional terms listed in clause 15.1, these Terms contain the entire agreement between you and us with respect to the use of the Website. No representation, statement or inducement (whether oral or written) not contained in these Terms (as updated from time to time) shall be binding on either you or us.

                      16.2. If any provision of these Terms is found by a court or a regulator to be illegal, void, invalid or unenforceable the other provisions shall continue to apply and such provision shall be replaced by another provision which, being valid in all respects, shall have an effect as close as possible to that of the replaced provision.

                      16.3. These Terms are not intended to give rights to anyone except you and us (including any of our affiliates). None of these Terms will be enforceable by any third party including (if you are domiciled in the UK) any enforcement through the Contracts (Rights of Third Parties) Act 1999.

                      16.4. If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breaching these Terms, that will not mean that you do not have to do those things and it will not prevent us from taking steps against you at a later date.

                       

                      17. GOVERNING LAW AND JURISDICTION

                        17.1. In the event of any dispute between you and us arising out of or in connection with these Terms, the laws of England and Wales will apply.

                        17.2. If you are a consumer and if you live in Scotland you can bring legal proceedings in either the Scottish or the English courts. If you are a consumer and if you live in Northern Ireland you can bring legal proceedings in either the Northern Irish or the English courts.

                        17.3. If you are a consumer and if you live in England or if you are a business, the English courts shall have exclusive jurisdiction to settle any disputes (including non-contractual disputes or claims) that may arise out of or in connection with these Terms.

                        18. PROMOTIONS

                        18.1 £10 Taster Packs including Ensure Drinks Taster Pack, Birds Eye Meals Taster Pack & Birds Eye and Ensure Taster Pack. Only one per order. Only one Taster Pack per customer. Only One Taster Pack per household. First time customers only. If more than one Taster Pack is purchased or a returning customer purchases a Taster Pack we may refund or cancel your order. If we do refund or cancel your order you will be notified.

                        18.2 Ensure Drinks Taster Pack, Birds Eye Meals Taster Pack, Birds Eye and Ensure Taster Pack and Viscgo Assessment Set are excluded from all offers and/or promotional codes. 

                        18.3 *Buy one get one 50% off on all bundles. Not to be used in conjunction with any other offer. Excludes Taster Packs and Viscgo products. Receive the cheapest item half price. Valid until 30/11/2020 11pm. Offer automatically applied at checkout.  

                        19. These terms and conditions are made under and governed by English law. The courts of England and Wales shall have exclusive jurisdiction to hear any dispute or claim arising in association with the Promotion or these Terms and Conditions.

                        These Terms were last updated on 9 November 2020.